Website terms of access and use

These Terms of Access and Use relate to the INDUSTRIAL RELATIONS SOCIETY OF NSW (IRS NSW) website, any website that is available by means of the Internet at the domain name www.ablawyers.com.au, any sub-domains related to the www.ablawyers.com.au website and any other website that is owned or operated by or on behalf of IRS NSW (collectively referred to as this Website).

1. ACCESS AND USE

1.1 Your access to and use of this Website and the Materials is conditional on your acceptance of these Terms of Access and Use. If you do not accept these Terms of Access and Use you must immediately cease all access or use of, and desist from any future access or use of, this Website. YOUR ACCESS TO OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE.

1.2 If you have purchased a licence from, or otherwise entered into an agreement with IRS NSW, or an agent or reseller of IRS NSW, the terms and conditions of your access and use of this Website shall also be governed by the terms of that licence or agreement. Where there is an inconsistency between that licence or agreement and these Terms of Access and Use, that licence or agreement shall prevail.

1.3 Subject to clause 1.2, by accessing, or by continuing to access, this Website you acknowledge and agree that you are bound by these Terms of Access and Use without any restrictions, alterations or amendments whatsoever.

2. CONTENT AND LICENSE TO USE CONTENT

2.1 This Website contains content and information including, without limitation, software, text, programs, interactive facilities, graphics, animation, sounds, music and video (Content). Some Content may be arranged into, without limitation, documents, forms, articles and any other materials whatsoever (Materials). Some Content is capable of transfer or download by any person accessing this Website.

2.2 All Content and Materials provided on and through this Website may only be used in accordance with these Terms of Access and Use.

2.3 In consideration for your acceptance of these Terms of Access and Use, IRS NSW grants you a revocable, non-exclusive, non-transferable licence to access, use and reproduce the Materials in accordance with, and subject to, these Terms of Access and Use.

2.4 The Content may, at the sole discretion of IRS NSW from time to time, include Materials that have been created by or for third parties. All such Materials are reproduced on this Website for your information and convenience only and are not intended to replace or be used in substitution for information or materials provided by their authors, creators or publishers.

3. PRIVACY and ACCESS to SECTIONS

3.1 IRS NSW may, at the sole discretion of IRS NSW, require that any section or part of this Website (Section) may only be accessed by persons who have paid all fees and charges relating to the access and use of that Section (if any) and who have not and do not breach these Terms of Access and Use.

3.2 In the event that you wish to access a Section, IRS NSW may provide to you a unique username and password, or other method of access at the sole discretion of IRS NSW (the Login). In the event that IRS NSW has provided you with a Login, IRS NSW may cancel that Login if you breach these Terms of Access and Use without providing you with reasons or notice.

3.3 In order to provide you with a Login, IRS NSW may require you to register with IRS NSW. Registration with IRS NSW may require you to provide personal information to IRS NSW. You irrevocably consent to the collection, use and disclosure of your personal information by IRS NSW:

(a) in accordance with applicable privacy laws in Australia and the privacy policy published by IRS NSW on this Website (if any), from time to time (the Privacy Policy); or

(b) for any of the following purposes:

(i) to enable IRS NSW to perform its obligations to third parties; or

(ii) in the event that you access certain Sections that contain training materials, to enable IRS NSW to:

A provide you with training;

B to communicate with you in respect of the training you have undertaken or have yet to undertake and, without limitation, to alert you to additional training that, in IRS NSW’s opinion, you may require;

C assess or evaluate your performance in the training you undertake through the Website and those Sections; and

D provide the results of IRS NSW’s assessment or evaluation of your performance in the training you undertake through the Website and those Sections to third parties.

3.4 For the avoidance of doubt, the Privacy Policy must be read in conjunction with, and form part of, these Terms of Access and Use. In the event that there is any inconsistency between these Terms of Access and Use and the Privacy Policy, these Terms of Access and Use shall prevail to the extent of that inconsistency.

3.5 In the event that IRS NSW provides you with the Login, you agree that:

(a) IRS NSW may collect, use and disclose your personal information provided that any such collection, use and disclosure is in accordance with these Terms of Access and Use;

(b) the Login is required to access, and shall be used to access, each Section;

(c) you shall not access any Section without having first been issued the Login in accordance with these Terms of Access and Use;

(d) the Login is non transferable;

(e) you must not:

(i) disclose the Login to any other person;

(ii) provide any false or misleading information to IRS NSW or create a Login for any other person; or

(iii) attempt to sell, offer to sell, sell or license your Login to any person;

(f) you shall kept the details of the Login safe and confidential; and

(g) you accept all liability for any activities whatsoever conducted using the Login that is issued to you.

3.6 You agree that IRS NSW may, from time to time and in IRS NSW’s sole discretion:

(a) revoke, vary, suspend or cancel the Login;

(b) carry out maintenance or other work on this Website, that may limit or deny access to you; or

(c) limit or deny access to this Website or part of this Website, for any reason.

4. YOUR USE OF THIS WEBSITE

4.1 You agree that IRS NSW may store certain information on your computer including, without limitation, cookies, that assists or enables IRS NSW to provide access to this Website.

4.2 You acknowledge and agree that:

(a) Sections may contain software or other materials that are intended to provide you with information;

(b) this Website contains facilities whereby you may submit answers to questions and provide other information, comments, questions or text to IRS NSW (Your Responses);

(c) Your Responses may be used by IRS NSW to assess or evaluate how IRS NSW may provide you with further information or goods or services; and

4.3 You authorise IRS NSW to use Your Responses in the manner facilitated or contemplated by this Website and these Terms of Access and Use and irrevocably consent to collection, retention, use and disclosure by IRS NSW of Your Responses.

4.4 Without limiting the generality of clause 4.3, you irrevocably consent to the disclosure by IRS NSW of Your Responses to any third party for any reasonable purpose in connection with or as contemplated by this Website including, without limitation, to:

(a) report to that third party in respect to Your Responses; or

(b) to enable that third party to assess or evaluate Your Responses,

in respect of any information provided to you by IRS NSW by means of this Website.

4.5 You hereby grant IRS NSW a worldwide, non-exclusive, royalty-free licence to use, sublicense, reproduce, publish, modify and display Your Responses, as modified, on this Website, in reports and in connection with the business of IRS NSW in any material form whatsoever. You also hereby grant any other person who is accessing and using this Website a non-exclusive licence to access and display Your Responses, as modified, and to use, reproduce, publish, display and perform such actions as the functionality of this Website allows and these Terms of Access and Use permit. You agree and acknowledge that the above licences granted by you are perpetual and irrevocable.

4.6 You agree, acknowledge and warrant that:

(a) Your Responses shall not contain any material that is subject to copyright or any other third party proprietary rights including, without limitation, rights in relation to trade secrets, privacy or publicity unless you are the owner of all of those rights or have authorisation from the rightful owner of those rights to transfer or provide that material to this Website and to grant IRS NSW a licence to use and display that material on the terms contemplated by these Terms of Access and Use;

(b) Your Responses shall not:

(i) contain words or expressions that are, in the reasonable opinion of IRS NSW, inappropriate for this Website;

(ii) contain any racist, defamatory, obscene or threatening material; or

(iii) depict or refer to acts of violence or unlawful acts, spread hatred against any person or group, vilify any person, people or religion, or, in the reasonable opinion of IRS NSW, cause offence or harm to any person or group of people;

(c) you must not:

(i) introduce or, through your actions or inaction, allow any virus, worm, Trojan-horse or any other malicious code whatsoever to be introduced, into this Website or the Content;

(ii) in connection with your use of this Website, do, or aid, abet or solicit the doing of, anything unlawful including, without limitation, the breach of these Terms of Access and Use; or

(iii) mislead, misinform or deceive any person in connection with your access to or use of this Website and the Contents; and

(d) IRS NSW may retain, for any use whatsoever, a reproduction of Your Responses after you have sought to delete Your Responses from this Website or have ceased accessing or using this Website.

5. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

5.1 You agree and acknowledge that:

(a) IRS NSW and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content or services provided by this Website; and

(b) the Content and this Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.

5.2 Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

5.3 Except for the limited use set out in clause 6, or with the express written consent of IRS NSW, you must not use this Website or the Content, for any of the following purposes:

(a) the reproduction of the Content in any material form;

(b) the distribution of the Content in any material form;

(c) re-transmission of the Content by any medium of communication;

(d) uploading or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; or

(e) framing the material on this Website with other material on any other WWW site or location, on-line service or bulletin board.

5.4 You must not:

(a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content;

(b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;

(c) use any software, device, or manual process to monitor or copy this Website or the Content without IRS NSW’s prior written permission. Any unauthorised use of this Website or its Content is prohibited. Without limiting the generality of this clause you must not cache the Content of this Website without the consent of IRS NSW;

(d) use any Content, or this Website, to cause offence, harm, injury, hurt, damage or loss of any kind whatsoever to IRS NSW or to any other person;

(e) use any Content, or this Website, in a manner that is, in the reasonable opinion of IRS NSW, defamatory, racist, obscene, or that depicts acts of violence or unlawful acts, or that may spread hatred against any person or group, or that vilifies any person, people or religion, or that may cause offence or harm;

(f) modify, mimic or copy:

(i) the layout of this Website; or

(ii) any computer software or code contained in this Website.

6. PERMISSION TO USE CONTENT OR MATERIALS

6.1 Notwithstanding the restrictions on use of the Content referred to in clause 5 and subject to the terms of the licence granted to you under clause 2.1, you may make temporary electronic copies of the Content that are necessary to browse this Website and may download and print Content from this Website for non-commercial personal use or non-commercial use within your business, provided that you do not remove any copyright or trade mark notices contained on or in the Material where:

(a) those copyright or trade mark notices are owned or controlled by third parties; or

(b) the Materials or this Website expressly provide that those copyright or trade mark notices are not to be removed.

6.2 If you wish to use the Content for any other purpose you must first purchase a license from IRS NSW that permits that form of use. In this clause 6:

(a) non-commercial use means use that is not for monetary reward; and

(b) use for monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.

7. LINKS TO OTHER WEBSITES

7.1 This Website may, at times or from time to time, contain links to sites on the World Wide Web owned and operated by third parties and which are not under the control of IRS NSW (the External Web Sites).

7.2 In relation to External Web Sites, which are linked to this Website, IRS NSW:

(a) provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by IRS NSW of the External Web Sites;

(b) is not responsible for the material contained on those External Web Sites; and

(c) makes no warranties and accepts no liability in relation to material contained on those External Web Sites.

8. DISCLAIMERS, ACKNOWLEDGEMENT AND WARRANTY

8.1 You acknowledge and agree that:

(a) this Website is provided on an ‘as is, as available’ basis;

(b) the Content is intended to provide general information only and you must not rely on any of the Content without first making independent enquiries to verify facts and the suitability of the Contents to your circumstances;

(c) the Content and this Website are not intended to, and do not, contain or constitute legal or financial advice and you must not use or rely on the Content or this Website as a substitute for legal or financial advice that relates to your circumstances;

(d) the views expressed in the Content are not necessarily the views of IRS NSW;

(e) the expression of a view does not imply endorsement of a product or service;

(f) the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be, and is not, guaranteed;

(g) the Website or Content, or both, may not be accessible, or in a form that is conveniently accessible, by you and, in the event that you are unable to conveniently access the Website or Content, IRS NSW has no obligation whatsoever to make available the Website or Content to you; and

(h) in making this Website and Content available to you for you to access and use, IRS NSW is relying on your acceptance of, and agreement to, these Terms and Conditions of Use without alteration or amendment.

8.2 Certain provisions of the Competition and Consumer Act (including, without limitation, the Australian Consumer Law) and other State, Territory or Commonwealth laws in Australia, as amended or replaced from time to time, (collectively ACL) apply to the supply of goods and services by IRS NSW to you and provide consumers (as that expression is used in the ACL) and others with certain rights (referred to collectively as the consumer guarantees) in relation to goods or services purchased by those persons. Other than consumer guarantees, which are not excluded, modified or restricted by this provision, IRS NSW does not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to the supply by IRS NSW of any goods or services including, without limitation:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Web Sites; and

(b) the acceptability, merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Web Sites.

8.3 Subject to clause 9.3, you acknowledge and agree that IRS NSW does not warrant, guarantee or make any representation that:

(a) this Website, the Content, the Materials, or the server that makes this Website available on the Internet are free of software viruses or malicious code;

(b) the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or

(c) errors or defects in this Website or the Content will be corrected.

9. LIABILITY

9.1 Other than in respect of goods or services supplied to consumers or goods or services that are of a kind ordinarily acquired for personal, domestic or household use or consumption, IRS NSW’s liability for the breach of any condition, consumer guarantee or warranty, whether express or implied (other than warranties, consumer guarantees or conditions in relation to title, encumbrances and quiet possession) is limited, at IRS NSW’s option, to:

(a) in the case of goods; the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(b) in the case of services; the supplying of the services again or the payment of the cost of having the services supplied again.

9.2 Subject to rights that you may have under the ACL, which are not excluded, modified or restricted by this provision, IRS NSW is not liable to you or any other person, whether in contract, tort or otherwise, for any loss or damages (including without limitation specific, indirect, consequential or economic loss) howsoever caused arising from any event.

9.3 Notwithstanding anything contained in this Agreement, nothing in these Terms:

(a) excludes, restricts or modifies or purports to have the effect of excluding, restricting or modifying any condition or warranty that is implied by, or consumer guarantee specified by, the ACL or IRS NSW’s liability under any such condition, warranty or guarantee; or

(b) gives rise to any liability on IRS NSW's part or qualifies IRS NSW’s liability in circumstances where IRS NSW is in breach of these terms and conditions, including any conditions or warranties implied, or consumer guarantees specified, by the ACL.

10. INDEMNITY

10.1 You will at all times indemnify, keep indemnified, defend and hold harmless IRS NSW and its respective officers, employees, resellers and agents (referred to below as Those Indemnified), from and against any costs, expenses, fees, losses, damages (including reasonable legal costs and expenses) or liabilities incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a) your actions, inaction or negligence;

(b) any breach of these Terms of Access and Use by you;

(c) a breach of a warranty given by you under these Terms of Access and Use; or

(d) your use of or reliance on the Materials or the Content other than as expressly provided under these Terms of Access and Use.

11. TERMINATION OF ACCESS

11.1 IRS NSW may terminate access to the Website at any time without giving any explanation or justification for the termination of access.

12. SEVERANCE AND JURISDICTION

12.1 If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.

12.2 These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.

12.3 You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales and the Federal Court of Australia to determine any dispute arising out of these Terms of Access and Use.

13. GENERAL

13.1 The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue despite termination of the licence granted under clause 2.1 or discontinuation or suspension of your access to this Website.

13.2 IRS NSW’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms of Access and Use does not prevent any other exercise of that right, or the exercise of any other right.

13.3 You agree that IRS NSW may, at the sole discretion of IRS NSW, amend, vary or replace these Terms of Access and Use from time to time without notification to you.

YOUR ACCESS TO OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE